Humanitext Reader

Justinian I · The Digest of Justinian §5.1.43.pr

Jurisdiction for Breach of Building Stipulation after Due Date

Passage 924 of 9271 · Latin

Summary

It states the legal rule that a person who stipulated for a block of flats to be built in Capua within a specified time may, after the expiration of that period, sue for damages in any place whatsoever.

[IDEM libro uicensimo septimo quaestionum. ] §5.1.43.prEum, qui insulam Capuae fieri certo tempore stipulatus est, eo finito quocumque loco agere posse in id quod interest constat.
[THE SAME, Questions, Book XXVII.]\n\nIt is established that a person who has stipulated for a block of flats to be built at Capua within a certain time can, when that time has expired, bring an action in any place whatsoever for the amount of his interest.

Notes

  1. §5.1.43.prCapuae — The genitive singular form of Capua (first declension, feminine), functioning here as a locative to mean "at Capua".
  2. §5.1.43.prinsulam — Although "insula" literally means "island", in the context of Roman law and architecture it refers to a "block of flats" or "apartment building".
  3. §5.1.43.preo finito — An ablative absolute construction consisting of the demonstrative pronoun "eo" (referring back to "certo tempore") and the perfect passive participle "finito" (from "finire"), meaning "when that [time] has expired".
  4. §5.1.43.prin id quod interest — Literally "into that which is of interest [to him]", a standard legal idiom referring to "the amount of one's interest" or "damages for non-performance".

Cite this passage

Justinian I, The Digest of Justinian §5.1.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.43.pr

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